A New Path Forward for Community Supervision
Date:  08-30-2022

The 3G Sunset could be a chance to leave harmful electronic monitoring practices behind
From Brennan Center for Justice:

In 2022, every major wire­less carrier will shut down their 3G networks in what is known as the “3G Sunset.” The move will allow compan­ies to alloc­ate more resources to oper­at­ing and main­tain­ing their faster 4G and 5G networks. However, it will also render 3G-reli­ant devices obsol­ete. Many elec­tronic monit­or­ing devices — ankle brace­lets and other wear­able GPS devices used to track people in the immig­ra­tion and justice systems — will be affected by the change, which could negat­ively impact people involved in the crim­inal legal system.

With a number of these monit­or­ing devices poised to become unus­able, there is a vacancy for new devel­op­ments in community super­vi­sion. Instead of using the 3G Sunset as an open­ing to intro­duce modern­ized, high-tech elec­tronic monit­or­ing devices, local govern­ments and federal agen­cies should take the oppor­tun­ity to move away from the invas­ive and burden­some prac­tice of elec­tronic monit­or­ing.

Once touted as a humane altern­at­ive to incar­cer­a­tion, elec­tronic monit­or­ing subjects people to excess­ive, oner­ous require­ments and is now widely viewed as “the most restrict­ive form of govern­ment surveil­lance and control” after prison. The restric­tions faced by those under monit­or­ing are diffi­cult to comply with and can hinder success­ful reentry. Many people struggle to find and main­tain employ­ment due to the stigma asso­ci­ated with their elec­tronic monit­ors, and others struggle to sched­ule work shifts around mandat­ory curfews and travel limit­a­tions. These rules can even prevent people from receiv­ing adequate medical care, as elec­tronic monit­ors are incom­pat­ible with X-rays and MRI machines. Navig­at­ing the dizzy­ing array of require­ments signi­fic­antly impacts people’s mental health and reentry prospects.

Further compound­ing the prob­lem, when a person cannot abide by the terms of their super­vi­sion, they are often incar­cer­ated — even if they are not a threat to public safety. One study in Los Angeles County found that 94 percent of people on pretrial release who were termin­ated from elec­tronic monit­or­ing were incar­cer­ated not for commit­ting new crimes but for viol­at­ing a require­ment of super­vi­sion, such as miss­ing curfew. The rules and punish­ments asso­ci­ated with elec­tronic monit­or­ing have led many people subjec­ted to elec­tronic monit­or­ing to view the devices as digital shackles. Continue reading